“Toyota Defense” Being Used in Plea to Overturn Vehicular Homicide Conviction

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Representing people who have been injured or killed in car accidents for over 10 years as a Seattle personal injury lawyer and Bellevue wrongful death attorney, I am a strong advocate of people taking more responsibility for accidents they cause. I have written on the subject of the recent explosion in blaming auto manufacturers for car crashes in my article titled “The Best Way to Prevent 35,000 Deaths.” In that article, I call for a return to the understanding that almost all accidents are caused by human error, rather than that of the car.

I have been following a recent big news story, where Koua Fong Lee, a man who was convicted of vehicular homicide has raised a plea for a new trial. Lee, who accelerated into a car between 70 and 90 mph – resulting in the death of two people – is now blaming his 1996 Toyota Camry for the accident. While his old lawyer believed that Lee accidentally hit the accelerator rather than the brake, his new lawyers are arguing that an acceleration problem in the car caused the accident. They have gathered 10 affidavits from other people that own the same model and year of the car, who are backing up the argument. The prosecution is opposing a new trial, saying that the reason for the acceleration is due to Lee hitting the accelerator.

Only time will tell whether the court believes this new argument and grants Lee a new trial. Then Lee will have to convince a jury.

This information is provided by Straight Talk Law, where you can order free information on Seattle auto accidents, buying Washington car insurance, and other valuable legal information, offered as a public service by King County personal injury attorney and author Jason Epstein and his Seattle auto accident, Everett motorcycle accident, and Bellevue wrongful death law firm in Seattle, Washington.

 

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